SAN FRANCISCO — In a first-of-its-kind criminal prosecution of food and beverage counterfeiters, federal prosecutors in the Northern District of California have secured convictions of two central figures in a ring that produced millions of bogus bottles of the popular 5-Hour Energy drink.
A federal jury in San Jose returned a guilty verdict late Monday against Joseph and Adriana Shayota, the husband and wife team behind the operation, which bottled the fakes in an unsanitary San Diego warehouse and distributed them to wholesalers across the United States and Canada. After about two weeks’ worth of trial days in U.S. District Judge Lucy Koh’s courtroom over the past month, the jury found the Shayotas each guilty of two conspiracy charges related to counterfeiting, copyright infringement, and misbranding food after deliberating for nine-and-a-half hours.
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